history of equity

Question 1

origins of equity

the lord chancellor (3)

meaning of equity (in its earliest times)

Answer 1

king = appellate jurisdiction as fountain of justice. but the pressure of business made him to delegate the task to the king.

1. keep of the king’s conscience
2. priest
3. king’s chief secretary

fairness or natural justice

Question 2

development of equity

aim of equity (2)

2 fundamental features of equity

Answer 2

• not bound by technicalities or restricted by statutes such as statute of westminister and provisions of oxford as common law is.

1. mitigate the harshness of common law
2. fill the gap
3. mitigate the harshness of common law
4. the chancellor exercises discretion - which then developed to a distinct body of law

Question 3

competition with common law

cases 2

king james IV

Answer 3

caused by the great popularity of equity
lord Ellesmere v chief justice coke (

earl of oxford
glansville case

king james the IV offers a decree that in case of conflict with common law, equity should always prevail. however, the king’s ruling was never completely accepted until the judicature act 1873-75 which formalised the relationship between equity and common law.

Question 4

kingship theory (4 things)

Answer 4

1. king answered to god
2. reign justly
3. respect the established law; for peace and stability
4. but king is there as the fountain of justice to mitigate the law were it is too harsh.

Question 5

ellesmere v coke (3 arguments)

Answer 5

agent of king v learned persons

only CL is restrained by statute of henry iv and edward iii v EQUITY is also restarined by the law
discretionary (equity- deutronomy)

cannot ask for a judgement where one is given v judgement can be questioned by equity if its unjust.

Question 6

advantages of equity (3)

disadvantages of equity (1)

Answer 6

1. less formal and technical
2. not restricted by provisions of oxford or westminister since it did not depend on writs
3. new claims such as trust
4. its flexibility meaning it varied from chancellor to chancellor; john selden “ equity is as long as the chancellor’s foot.” 17th century

Question 7

formalisation of equity (2 people; 1 thing)

Answer 7

lord nothingham; father of equity
lord hardwicke

equity gets its other definition- as a system of law by judicature act.

Question 8

judicature acts 1873-75 (2 things)

1 case

Answer 8

3 high court divisions - division was administrative no fusing of the 2 branches of law e.g walsh v lonsdale

1. equity should be administer side to common law
2. where their is conflict, equity prevails ( what king james had said)

Question 9

equity now (4)

Answer 9

1. equitable doctrines
2. equitable remedies
3. new claims